Burwood Council v Ralan Burwood Pty Ltd

Land and Environment Court New South Wales Medium Neutral Citation: Burwood Council v Ralan Burwood Pty Ltd [2015] NSWLEC 27 Hearing dates:25 February 2014Date of orders: 25 February 2015 Decision date: 25 February 2015 Jurisdiction:Class 4Before: Biscoe J Decision: See [11] Catchwords: INJUNCTIONS – extension of ex parte restraining order for a period. Category:Procedural and other rulingsParties: Burwood Council (Applicant) Ralan Burwood Pty Ltd (First Respondent) Moit Rock & Dirt Recycling Pty Ltd (ACN 154766079) (Second Respondent) N. Moit & Sons (NSW) (ACN 074571510) Pty Ltd (Third Respondent) Moits Pty Ltd (ACN 155485019) (Fourth Respondent) Michael Moit (Fifth Respondent) Representation: COUNSEL: T S Hale SC (Applicant) P O’Brien, solicitor (First Respondent) N/A (Second to Fifth Respondents) SOLICITORS: Houston Dearn O’Connor (Applicant) Harris & Company (First Respondent) N/A (Second to Fifth Respondents) File Number(s):40845/14EX TEMPORE Judgment On 20 February 2015, on the urgent motion of the applicant Burwood Council, I joined the second to fifth respondent to the proceedings and, upon Council giving the usual undertaking as to damages, made an order until 5pm today restraining those respondents from removing a pillar crane and weighbridge from 306 Racecourse Road, Clarendon and from damaging those items. Council now seeks to extend the restraining order until 5pm on 13 March 2015, on which date the proceedings are listed before the List Judge for directions. I propose to grant that extension. The background is this. On 15 May 2008 the Court granted modification of a development consent to construct a major mixed use development...